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Hospital Claimed Injuries Pre-Existed Birth

$1.8 Million Settlement

The parents of Jeremy Chambers sued for medical malpractice after Jeremy suffered permanent brain damage during his birth on Feb. 28, 1997.

Jeremy’s mother suffered from gestational diabetes. After a prolonged labor, Jeremy was delivered by vacuum extractor. He now has cerebral palsy.

The plaintiffs claimed that Dr. David Barbe and Dr. Mary Crawford were negligent for using vacuum extraction and for not performing a Caesarean section. They claimed that as a result Jeremy became hypoxic during the birth and suffered permanent brain damage.

The doctors claimed there was no deviation from the standard of care and that they should not have performed a Caesarean section. They argued that Jeremy’s injuries pre-existed his birth.

After the case was set for trial, PHICO Insurance Company became the subject of an order of rehabilitation in Pennsylvania. The parties then mediated the case, which was settled with the use of an irrevocable supplemental special needs trust. The cash and structured settlement have a present value of $1.8 million.

16 M.L.W.29, January 14, 2002, p.5

Disclaimer: Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.